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Florida Senate
-
2026
SB 1312
By
Senator Rodriguez
40-01680-26 20261312__
1 A bill to be entitled
2 An act relating to the Interstate Podiatric Medical
3 Licensure Compact; creating s. 461.0181, F.S.;
4 creating the Interstate Podiatric Medical Licensure
5 Compact; providing purpose of the compact; defining
6 terms; specifying eligibility requirements for a
7 podiatric physician to receive an expedited license;
8 providing an exception; providing requirements for a
9 podiatric physician to designate or redesignate a
10 member state as the state of principal license for
11 certain purposes; specifying requirements for a
12 podiatric physician to apply for and receive an
13 expedited license in a member state; providing
14 validity, termination, and fee requirements for an
15 expedited license; specifying requirements for a
16 podiatric physician to renew an expedited license;
17 requiring the Interstate Podiatric Medical Licensure
18 Compact Commission to collect and distribute any
19 renewal fees in a specified manner; providing that
20 certain information be distributed to member boards;
21 requiring the commission to establish a coordinated
22 information system; providing reporting requirements
23 for such system; authorizing joint investigations by
24 the member boards; specifying requirements for such
25 investigations; specifying requirements for
26 disciplinary actions; creating the Interstate
27 Podiatric Medical Licensure Compact Commission;
28 providing for purpose, membership, and meetings of the
29 commission; requiring the commission to make certain
30 information public record; requiring the commission to
31 establish an executive committee for certain purposes;
32 providing powers and duties, including financial
33 powers, of the commission; providing for organization
34 and operation, rulemaking authority, and oversight of
35 the commission; providing for qualified immunity,
36 defense, and indemnification of the commission and its
37 employees; providing for the enforcement and default
38 procedures of the compact; providing for dispute
39 resolution procedures of the commission; providing for
40 membership, effective date, amendment, withdrawal, and
41 dissolution of the compact; providing for severability
42 and construction; providing for binding effect of the
43 compact and other laws; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 461.0181, Florida Statutes, is created
48 to read:
49
461.0181
Interstate Podiatric Medical Licensure Compact.
50
The Interstate Podiatric Medical Licensure Compact is hereby
51
enacted into law and entered into by this state with all other
52
states legally joining therein in the form substantially as
53
follows:
54
55
INTERSTATE PODIATRIC MEDICAL LICENSURE COMPACT
56
57
ARTICLE I
58
PURPOSE
59
60
(1)
In order to strengthen access to health care, and in
61
recognition of the advances in the delivery in health care, the
62
member states of the Interstate Podiatric Medical Licensure
63
Compact have allied in common purpose to develop a comprehensive
64
process that complements the existing licensing and regulatory
65
authority of state podiatric medical boards and provides a
66
streamlined process that allows podiatric physicians to become
67
licensed in multiple states, enhancing the portability of a
68
podiatric medical license and ensuring the safety of patients.
69
(2)
The compact creates another pathway for licensure and
70
does not otherwise change a state’s existing Podiatric Medical
71
Practice Act. The compact also adopts the prevailing standard
72
for licensure and affirms that the practice of podiatric
73
medicine occurs where the patient is located at the time of the
74
podiatric physician-patient encounter, and therefore, requires
75
the podiatric physician to be under the jurisdiction of the
76
state podiatric medical board where the patient is located.
77
State podiatric medical boards that participate in the compact
78
retain the jurisdiction to impose an adverse action against a
79
license to practice podiatric medicine in that state issued to a
80
podiatric physician through the procedures in the compact.
81
82
ARTICLE II
83
DEFINITIONS
84
85
As used in this compact, the term:
86
(1)
“Bylaws” means those bylaws established by the
87
commission pursuant to Article XI.
88
(2)
“Commission” means the Interstate Podiatric Medical
89
Licensure Compact Commission created pursuant to Article XI.
90
(3)
“Commissioner” means the voting representative
91
appointed by each member board pursuant to Article XI.
92
(4)
“Conviction” means a finding by a court that an
93
individual is guilty of a criminal offense through adjudication,
94
or entry of a plea of guilt or no contest to the charge by the
95
offender. Evidence of an entry of conviction of a criminal
96
offense by the court shall be considered final for purposes of
97
disciplinary action by a member board.
98
(5)
“Criminal background check” means that the member board
99
is authorized to obtain a Federal Bureau of Investigation
100
biometric based on a federal criminal records check information
101
report from the authorized state agency for the exclusive
102
purpose of determining eligibility for certification of
103
qualification that would allow for an expedited license.
104
(6)
“Expedited license” means a full unrestricted podiatric
105
medical license granted by a member state to an eligible
106
podiatric physician through the process set forth in the
107
compact.
108
(7)
“Federal criminal records check information” means any
109
information obtained by a member board from the Federal Bureau
110
of Investigation relating to a federal criminal records check
111
performed by a member board under Pub. L. No. 92-544.
112
(8)
“License” means authorization by a member state for a
113
podiatric physician to engage in the practice of podiatric
114
medicine, which would be unlawful without authorization.
115
(9)
“Member board” means a state agency in a member state
116
which acts in the sovereign interest of the state by protecting
117
the public through licensure, regulation, and education of
118
podiatric physicians as directed by the state government.
119
(10)
“Member state” means a state that has enacted the
120
compact.
121
(11)
“Offense” means a felony, gross misdemeanor, or a
122
misdemeanor related to the practice of podiatry.
123
(12)
“Podiatric Medical Practice Act” means applicable laws
124
and regulations governing the practice of podiatric medicine
125
within a member state.
126
(13)
“Podiatric physician” means any person who:
127
(a)
Is a graduate of a podiatric medical school accredited
128
by the Council on Podiatric Medical Education.
129
(b)
Passed parts I, II, and III of the National Board of
130
Podiatric Medical Examiners’ (NBPME), the American Podiatric
131
Medical Licensing Examination (APMLE), or NBPME or APMLE
132
recognized replacement examinations.
133
(c)
Successfully completed a podiatric residency program
134
approved by the Council on Podiatric Medical Education.
135
(d)
Holds specialty certification from a specialty board
136
recognized by the Council on Podiatric Medical Education.
137
(e)
Possesses a full and unrestricted license to engage in
138
the practice of podiatric medicine issued by a member board.
139
(f)
Has never been convicted of or received adjudication,
140
deferred adjudication, community supervision, or deferred
141
disposition for any offense by a court of appropriate
142
jurisdiction.
143
(g)
Has never held a license authorizing the practice of
144
podiatric medicine subjected to discipline by a licensing agency
145
in any state, federal, or foreign jurisdiction, excluding any
146
action related to the nonpayment of fees related to a license.
147
(h)
Has never had a controlled substance license or permit
148
suspended or revoked by a state or the United States Drug
149
Enforcement Administration or voluntarily surrendered such
150
license after notification of investigation.
151
(i)
Is not under active investigation by a licensing agency
152
or law enforcement authority in any state, federal, or foreign
153
jurisdiction.
154
(14)
“Practice of podiatric medicine” means that clinical
155
prevention, diagnosis, or treatment of human disease, injury, or
156
condition requiring a podiatric physician to obtain and maintain
157
a license in compliance with the Podiatric Medical Practice Act
158
of a member state.
159
(15)
“Rule” means a written statement by the commission
160
adopted pursuant to Article XII of the compact which is of
161
general applicability; implements, interprets, or prescribes a
162
policy or provision of the compact, or an organizational,
163
procedural, or practice requirement of the commission; and has
164
the force and effect of statutory law in a member state. The
165
term includes the amendment, repeal, or suspension of an
166
existing rule.
167
(16)
“State” means any state, commonwealth, district, or
168
territory of the United States.
169
(17)
“State of principal license” means a member state
170
where a podiatric physician holds a license to practice
171
podiatric medicine and which has been designated by such a
172
podiatric physician for purposes of registration and
173
participation in the compact.
174
175
ARTICLE III
176
ELIGIBILITY
177
178
(1)
A podiatric physician must meet the eligibility
179
requirements as provided in subsection (13) of Article II to
180
receive an expedited licensure under the terms and provisions of
181
the compact.
182
(2)
A podiatric physician who does not meet the
183
requirements in subsection (13) of Article II may obtain a
184
license to practice podiatric medicine in a member state if the
185
individual complies with all laws and requirements, other than
186
the compact, relating to the issuance of a license to practice
187
podiatric medicine in that state.
188
189
ARTICLE IV
190
DESIGNATION OF STATE OF PRINCIPAL LICENSE
191
192
(1)
A podiatric physician must designate a member state as
193
his or her state of principal license for purposes of
194
registration for expedited licensure through the compact if the
195
podiatric physician possesses a full and unrestricted license to
196
practice podiatric medicine in that state and the state is:
197
(a)
The state of principal residence for the podiatric
198
physician;
199
(b)
The state where at least 25 percent of his or her
200
practice of podiatric medicine occurs;
201
(c)
The location of the podiatric physician’s employer; or
202
(d)
If a state does not qualify under paragraph (a),
203
paragraph (b), or paragraph (c), the state designated as the
204
podiatric physician’s state of residence for the purpose of
205
federal income tax.
206
(2)
A podiatric physician may redesignate a member state as
207
his or her state of principal license at any time, as long as
208
the state meets one of the requirements of subsection (1).
209
(3)
The commission is authorized to develop rules to
210
facilitate redesignation of another member state as the state of
211
principal license.
212
213
ARTICLE V
214
ISSUANCE OF EXPEDITED LICENSURE
215
216
(1)
A podiatric physician seeking licensure through the
217
compact must file an application for an expedited license with
218
the member board of the state selected by the podiatric
219
physician as the state of principal license.
220
(2)
Upon receipt of an application for an expedited
221
license, the member board within the state selected as the state
222
of principal license shall evaluate whether the podiatric
223
physician is eligible for expedited licensure and issue a letter
224
of qualification, verifying or denying the podiatric physician’s
225
eligibility, in the manner established by rule of the
226
commission.
227
(a)
Qualification includes verification of podiatric
228
medical education, podiatric graduate medical education, results
229
of any podiatric medical licensing examination, and other
230
qualifications as determined by the commission by rule, and may
231
not be subject to additional primary source verification where a
232
primary source has already been verified by the state of
233
principal license.
234
(b)
The member board within the state selected as the state
235
of principal license shall, in the course of verifying
236
eligibility, perform a criminal background check of an
237
applicant, including the use of results of fingerprint or other
238
biometric data checks compliant with the requirements of the
239
Federal Bureau of Investigation with the exception of federal
240
employees who have suitability determination in accordance with
241
5 C.F.R. s. 731.202.
242
1.
Communication between a member board and the commission
243
and communication between member boards regarding the
244
verification of eligibility in Article III through the compact
245
may not include any information received from the Federal Bureau
246
of Investigation relating to a federal criminal records check
247
performed by a member board under Pub. L. No. 92-544, including
248
federal criminal records check information.
249
2.
Federal Bureau of Investigation information obtained by
250
a member board may not be shared with the commission.
251
(c)
Appeal of the determination of eligibility must be made
252
to the member state where the application was filed and is
253
subject to the law of that state.
254
(3)
Upon verification in paragraph (2)(b), a podiatric
255
physician shall complete the registration process established by
256
the commission to receive a license in a member state selected
257
pursuant to subsection (1), including the payment of all
258
applicable fees.
259
(4)
After receiving verification of eligibility under
260
subsection (2) and the payment of all applicable fees under
261
subsection (3), a member board shall issue an expedited license
262
to the podiatric physician. This license shall authorize the
263
podiatric physician to practice podiatric medicine in the
264
issuing state consistent with the Podiatric Medical Practice Act
265
and all appliable laws and regulations of the issuing member
266
board and member state.
267
(5)
An expedited license is valid for a period consistent
268
with the licensure period in the member state and in the same
269
manner as required for other podiatric physicians holding a full
270
and unrestricted license within the member state.
271
(6)
An expedited license obtained through the compact must
272
be terminated if a podiatric physician fails to maintain a
273
license in the state of principal licensure for a
274
nondisciplinary reason, without redesignation of a new state of
275
principal licensure.
276
(7)
The commission is authorized to develop rules regarding
277
the application process, including payment of all applicable
278
fees, and the reporting of the issuance of an expedited license
279
by a member board to the commission.
280
281
ARTICLE VI
282
FEES FOR EXPEDITED LICENSURE
283
284
(1)
A member state issuing an expedited license authorizing
285
the practice of podiatric medicine in that state may impose a
286
fee for a license issued or renewed through the compact.
287
(2)
The commission is authorized to develop rules regarding
288
fees for expedited licenses.
289
290
ARTICLE VII
291
RENEWAL AND CONTINUED PARTICIPATION
292
293
(1)
A podiatric physician seeking to renew an expedited
294
license granted in a member state must complete a renewal
295
process with the commission if the podiatric physician:
296
(a)
Maintains a full and unrestricted license in a state of
297
principal license;
298
(b)
Has not been convicted of or received adjudication,
299
deferred adjudication, community supervision, or deferred
300
disposition for any offense by a court of appropriate
301
jurisdiction;
302
(c)
Has not had a license authorizing the practice of
303
podiatric medicine subject to discipline by a licensing agency
304
in any state, federal, or foreign jurisdiction, or voluntarily
305
surrendered such license in lieu of discipline, excluding any
306
action related to nonpayment of fees related to a license; and
307
(d)
Has not had a controlled substance license or permit
308
suspended or revoked by a state or the United States Drug
309
Enforcement Administration or voluntarily surrendered such
310
license or permit after notification of investigation.
311
(2)
Podiatric physicians shall comply with all continuing
312
professional development or continuing medical education
313
requirements for renewal of a license issued by a member state.
314
(3)
The commission shall collect any renewal fees charged
315
for the renewal of a license and distribute the fees to the
316
applicable member board.
317
(4)
Upon receipt of the renewal fees collected in
318
subsection (3), a member board shall renew the podiatric
319
physician’s license.
320
(5)
Podiatric physician information collected by the
321
commission during the renewal process will be distributed to all
322
member boards.
323
(6)
The commission is authorized to develop rules to
324
address renewal of licenses obtained through the compact.
325
326
ARTICLE VIII
327
COORDINATED INFORMATION SYSTEM
328
329
(1)
The commission shall establish a coordinated
330
information system of all podiatric physicians who are licensed
331
or who have applied for licensure under Article V.
332
(2)
Notwithstanding any other provision of law, member
333
boards shall report to the commission any public action or
334
public complaints against a licensed podiatric physician who has
335
applied for or received an expedited license through the
336
compact.
337
(3)
Member boards shall report disciplinary or
338
investigatory information determined as necessary and proper by
339
rule of the commission.
340
(4)
Member boards may report any nonpublic complaint or any
341
disciplinary or investigatory information not required by
342
subsection (3) to the commission.
343
(5)
Member boards shall share complaint or disciplinary or
344
investigatory information about a podiatric physician upon
345
request of another member board.
346
(6)
All information provided to the commission or
347
distributed by member boards is confidential, must be filed
348
under seal, and may be used only for investigatory or
349
disciplinary matters.
350
(7)
The commission is authorized to develop rules for
351
mandated or discretionary sharing of information by member
352
boards.
353
354
ARTICLE IX
355
JOINT INVESTIGATIONS
356
357
(1)
Licensure and disciplinary records of podiatric
358
physicians are deemed investigative.
359
(2)
In addition to the authority granted to a member board
360
by its respective Podiatric Medical Practice Act, a member board
361
may participate with other member boards in joint investigations
362
of podiatric physicians licensed by the member boards.
363
(3)
A subpoena issued by a member state as part of a joint
364
investigation is enforceable in other member states.
365
(4)
Member boards may share any investigative, litigation,
366
or compliance materials in furtherance of any joint or
367
individual investigation initiated under the compact.
368
(5)
Any member state may investigate an actual or alleged
369
violation of the laws authorizing the practice of podiatric
370
medicine in any other member state in which a podiatric
371
physician holds a license to practice podiatric medicine.
372
373
ARTICLE X
374
DISCIPLINARY ACTIONS
375
376
(1)
Any disciplinary action taken by any member board
377
against a podiatric physician licensed through the compact shall
378
be deemed unprofessional conduct, which may be subject to
379
discipline by other member boards, in addition to any violation
380
of the Podiatric Medical Practice Act of that state.
381
(2)
If a license granted to a podiatric physician by a
382
member board in the state of principal license is revoked,
383
surrendered, or relinquished in lieu of discipline, or
384
suspended, all licenses issued to the podiatric physician by
385
member boards must automatically be placed, without further
386
action necessary by any member board, on the same status. If the
387
member board of the state of principal license subsequently
388
reinstates the podiatric physician’s license, a license issued
389
to the podiatric physician by any other member board must remain
390
encumbered until that respective member board takes action to
391
reinstate the license in a manner consistent with the Podiatric
392
Medical Practice Act of that state.
393
(3)
If disciplinary action is taken against a podiatric
394
physician by a member board not in a state of principal license,
395
any other member board may deem the action conclusive as to
396
matter of law and fact decided, and:
397
(a)
Impose the same or lesser sanctions against the
398
podiatric physician, so long as such sanctions are consistent
399
with the Podiatric Medical Practice Act of that state; or
400
(b)
Pursue separate disciplinary action against the
401
podiatric physician under its respective Podiatric Medical
402
Practice Act of that state, regardless of the action taken in
403
other member states.
404
(4)
If a license granted to a podiatric physician by a
405
member board is revoked, surrendered or relinquished in lieu of
406
discipline, or suspended, any license issued to a podiatric
407
physician by any other member board must be suspended,
408
automatically and immediately without further action necessary
409
by the other member boards, for 90 days upon entry of the order
410
by the disciplining board, to permit the member boards to
411
investigate the basis for the action under the Podiatric Medical
412
Practice Act of that state.
413
(5)
A member board may terminate the automatic provision
414
under subsection (2) or subsection (4) of a license it issued,
415
in a manner consistent with the Podiatric Medical Practice Act
416
of that state.
417
418
ARTICLE XI
419
INTERSTATE PODIATRIC MEDICAL LICENSURE COMPACT COMMISSION
420
421
(1)
The member states hereby create the Interstate
422
Podiatric Medical Licensure Compact Commission.
423
(2)
The purpose of the commission is the administration of
424
the Interstate Podiatric Medical Licensure Compact, which is a
425
discretionary state function.
426
(3)
The commission shall be a body corporate and joint
427
agency of the member states and shall have all the
428
responsibilities, powers, and duties set forth in the compact,
429
and such additional powers as may be conferred upon it by a
430
subsequent concurrent action of the respective legislatures of
431
the member states in accordance with the terms of the compact.
432
(4)
The commission shall be composed of one voting
433
representative appointed by each member state who shall serve as
434
a commissioner. A commissioner shall be:
435
(a)
A podiatric physician appointed to a member board;
436
(b)
An executive director, executive secretary, or similar
437
executive of a member board; or
438
(c)
A member of the public appointed to a member board.
439
(5)
The commission shall meet at least once each calendar
440
year. A portion of this meeting must be a business meeting to
441
address such matters as may properly come before the commission,
442
including the election of officers. The chair may call
443
additional meetings and shall call for a meeting upon the
444
request of a majority of the member states.
445
(6)
The bylaws may provide for meetings of the commission
446
to be conducted, in whole or in part, by teleconference, video
447
conference, or other electronic means by which all participants
448
can hear each other simultaneously and participate effectively.
449
Attendance by such electronic means shall constitute presence in
450
person at the meeting.
451
(7)
Each commissioner participating at a meeting of the
452
commission is entitled to one vote. A majority of commissioners
453
shall constitute a quorum for the transaction of business,
454
unless a larger quorum is required by commission bylaws. A
455
commissioner may not delegate a vote to another commissioner. In
456
the absence of its commissioner, a member state may delegate
457
voting authority for a specified meeting to another person from
458
that state who must meet the requirements of subsection (4).
459
(8)
The commission shall provide public notice of all
460
meetings and all meetings shall be open to the public. The
461
commission may close a meeting, in full or in portion, where it
462
determines by a two-thirds vote of the commissioners present
463
that any open meeting would be likely to:
464
(a)
Relate solely to the internal personnel practices and
465
procedures of the commission;
466
(b)
Discuss matters specifically exempted from disclosure
467
by federal law;
468
(c)
Discuss trade secrets or commercial or financial
469
information that is privileged or confidential;
470
(d)
Involve accusing a person of a crime, or formally
471
censuring a person;
472
(e)
Discuss information of a personal nature where
473
disclosure would constitute a clearly unwarranted invasion of
474
personal privacy;
475
(f)
Discuss investigative records compiled for law
476
enforcement purposes; or
477
(g)
Specifically relate to the participation in a civil
478
action or other legal proceeding.
479
(9)
The commission shall keep minutes that fully describe
480
all matters discussed in a meeting and shall provide a full and
481
accurate summary of actions taken, including a record of any
482
roll call votes.
483
(10)
The commission shall make its information and official
484
records, to the extent not otherwise designated in the compact
485
or by its rules, available to the public for inspection.
486
(11)
The commission shall establish an executive committee,
487
which shall include officers, members, and others as determined
488
by the bylaws. The executive committee shall have the power to
489
act on behalf of the commission, with the exception of
490
rulemaking, during periods when the commission is not in
491
session. When acting on behalf of the commission, the executive
492
committee shall oversee the administration of the compact,
493
including enforcement and compliance with the provisions of the
494
compact, its bylaws and rules, and other such duties as
495
necessary.
496
(12)
The commission shall establish other committees for
497
governance and administration of the compact.
498
499
ARTICLE XII
500
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
501
502
The commission shall:
503
(1)
Oversee and maintain the administration of the compact;
504
(2)
Adopt rules that shall be binding to the extent and in
505
the manner provided for in the compact;
506
(3)
Issue, upon the request of a member state or member
507
board, advisory opinions concerning the meeting or
508
interpretation of the compact, its bylaws, rules, and actions;
509
(4)
Enforce compliance with compact provisions, the rules
510
adopted by the commission, and the bylaws, using all necessary
511
and proper means, including, but not limited to, the use of
512
judicial process;
513
(5)
Establish and appoint committees, including, but not
514
limited to, an executive committee as required by Article XI,
515
which shall have the power to act on behalf of the commission in
516
carrying out its powers and duties;
517
(6)
Pay, or provide for the payment of, the expenses
518
related to the establishment, organization, and ongoing
519
activities of the commission;
520
(7)
Establish and maintain one or more offices;
521
(8)
Borrow, accept, hire, or contract for services of
522
personnel;
523
(9)
Purchase and maintain insurance and bonds;
524
(10)
Employ an executive director who shall have the power
525
to employ, select, or appoint employees, agents, or consultants
526
and determine their qualifications, define their duties, and fix
527
their compensation;
528
(11)
Establish personnel policies and programs relating to
529
conflicts of interest, rates of compensation, and qualification
530
of personnel;
531
(12)
Accept donations and grants of money, equipment,
532
supplies, materials, and services to receive, use, and dispose
533
of in a manner consistent with the conflict of interest policies
534
established by the commission;
535
(13)
Lease, purchase, accept contributions or donations of,
536
or otherwise own, hold, improve, or use any property, real,
537
personal, or mixed;
538
(14)
Sell, convey, mortgage, pledge, lease, exchange,
539
abandon, or otherwise dispose of any property, real, personal,
540
or mixed;
541
(15)
Establish a budget and make expenditures;
542
(16)
Adopt a seal and bylaws governing the management and
543
operation of the commission;
544
(17)
Report annually to the legislatures and governors of
545
the member states concerning the activities of the commission
546
during the preceding year. Such reports must also include
547
reports of financial audits, and financial statements, and any
548
recommendation that may have been adopted by the commission;
549
(18)
Coordinate education, training, and public awareness
550
regarding the compact, its implementation, and its operation;
551
(19)
Maintain records in accordance with the bylaws;
552
(20)
Seek and obtain trademarks, copyrights, and patents;
553
and
554
(21)
Perform such functions as may be necessary or
555
appropriate to achieve the purpose of the compact.
556
557
ARTICLE XIII
558
FINANCIAL POWERS
559
560
(1)
The commission may levy and collect an annual
561
assessment from each member state to cover the cost of the
562
operations and activities of the commission and its staff. The
563
total assessment must be sufficient to cover the annual budget
564
approved each year for which revenue is not provided by other
565
sources. The aggregate annual assessment amount shall be
566
allocated upon a formula to be determined by the commission,
567
which shall adopt a rule binding upon all member states.
568
(2)
The commission may not incur obligations of any kind
569
before securing the funds adequate to meet the same.
570
(3)
The commission may not pledge the credit of any of the
571
member states, except by, and with the authority of, the member
572
state.
573
(4)
The commission shall maintain financial records in
574
accordance with the bylaws, including profit and loss statements
575
and balance sheet reports, which must be included in the annual
576
report of the commission.
577
578
ARTICLE XIV
579
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
580
581
(1)
The commission shall, by a majority of commissioners
582
present and voting, adopt bylaws to govern its conduct as may be
583
necessary or appropriate to carry out the purposes of the
584
compact within 12 months after the first commission meeting.
585
(2)
The commission shall elect or appoint annually from
586
among its commissioners a chair, a vice chair, and a treasurer,
587
each of whom shall have such authority and duties as may be
588
specified in the bylaws. The chair or, in the chair’s absence or
589
disability, the vice chair shall preside at all meetings of the
590
commission.
591
(3)
Officers selected in subsection (2) shall serve without
592
remuneration from the commission.
593
(4)
The officers and employees of the commission shall be
594
immune from suit and liability, either personally or in their
595
official capacity, for a claim for damage to or loss of property
596
or personal injury or other civil liability caused by or arising
597
out of, or relating to, an actual or alleged act, error, or
598
omission that occurred, or that such person had a reasonable
599
basis for believing occurred, within the scope of the commission
600
employment, duties, or responsibilities; provided that such
601
person may not be protected from suit or liability for damage,
602
loss, injury, or liability caused by the intentional or willful
603
and wanton misconduct of such person.
604
(5)
The liability of the executive director and employees
605
of the commission or representatives of the commission, acting
606
within the scope of their employment or duties for acts, errors,
607
or omissions occurring within their state, may not exceed the
608
limits of liability set forth under the constitution and laws of
609
that state for state officials, employees, and agents. The
610
commission is considered to be an instrumentality of the states
611
for the purpose of such action. This subsection does not protect
612
such persons from suit or liability for damages, losses, injury,
613
or liability caused by the intentional or willful and wanton
614
misconduct of such persons.
615
(6)
The commission shall defend the executive director and
616
its employees, and subject to the approval of the attorney
617
general or other appropriate legal counsel of the member state
618
represented by the commission representative, shall defend such
619
commission representative in any civil action seeking to impose
620
liability arising out of an actual or alleged act, error, or
621
omission that occurred within the scope of commission
622
employment, duties, or responsibilities, or that the defendant
623
had a reasonable basis for believing occurred within the scope
624
of the commission employment, duties, or responsibilities,
625
provided that the actual or alleged act, error, or omission did
626
not result from intentional or willful and wanton misconduct on
627
the part of such person.
628
(7)
To the extent not covered by the state involved, member
629
state, or the commission, the representatives or employees of
630
the commission shall be held harmless in the amount of a
631
settlement or judgment, including attorney fees and costs,
632
obtained against such persons arising out of an actual or
633
alleged act, error, or omission that occurred within the scope
634
of the commission employment, duties, or responsibilities, or
635
that such persons had a reasonable basis for believing occurred
636
within the scope of commission employment, duties, or
637
responsibilities, provided that the actual or alleged act,
638
error, or omission did not result from intentional or willful
639
and wanton misconduct on the part of such person.
640
641
ARTICLE XV
642
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
643
644
(1)
The commission shall adopt rules in order to
645
effectively and efficiently achieve the purpose of the compact.
646
In the event the commission exercises its rulemaking authority
647
in a manner beyond the scope of the purposes of the compact, or
648
the powers granted hereunder, such action by the commission
649
shall be invalid and have no force or effect.
650
(2)
Rules deemed appropriate for the operations of the
651
commission shall be made pursuant to the rulemaking process that
652
substantially conforms to the Model State Administrative
653
Procedure Act of 2010, and subsequent amendments thereto.
654
(3)
No later than 30 days after a rule is adopted, a person
655
may file a petition for judicial review of the rule in the
656
United States District Court for the District of Columbia or the
657
federal district where the commission has its principal offices,
658
provided that the filing of such a petition does not stay or
659
otherwise prevent the rule from becoming effective, unless the
660
court finds that the petitioner has a substantial likelihood of
661
success. The court shall give deference to the actions of the
662
commission consistent with applicable law and may not find the
663
rule to be unlawful if the rule represents a reasonable exercise
664
of the authority granted to the commission.
665
666
ARTICLE XVI
667
OVERSIGHT OF INTERSTATE COMPACT
668
669
(1)
The executive, legislative, and judicial branches of
670
state government in each member state shall enforce the compact
671
and shall take all actions necessary and appropriate to
672
effectuate the compact’s purposes and intent. The provisions of
673
the compact and the rules adopted hereunder shall have standing
674
as statutory law but may not override existing state authority
675
to regulate the practice of podiatric medicine.
676
(2)
All courts shall take judicial notice of the compact
677
and the rules in any judicial or administrative proceeding in a
678
member state pertaining to the subject matter of the compact
679
which may affect the powers, responsibilities, or actions of the
680
commission.
681
(3)
The commission shall be entitled to receive all
682
services of process in any such proceeding, and shall have
683
standing to intervene in the proceeding for all purposes.
684
Failure to provide service of process to the commission shall
685
render a judgment or order void as to the commission, the
686
compact, or adopted rules.
687
688
ARTICLE XVII
689
ENFORCEMENT OF INTERSTATE COMPACT
690
691
(1)
The commission, in the reasonable exercise of its
692
discretion, shall enforce the provisions and rules of the
693
compact.
694
(2)
The commission may, by majority vote of the
695
commissioners present and voting, initiate legal action in the
696
United States Court for the District of Columbia or, at the
697
discretion of the commission, in the federal district where the
698
commission has its principal offices, to enforce compliance with
699
the provisions of the compact, and its adopted rules and
700
commission bylaws, against a member state in default. The relief
701
sought may include both injunctive relief and damages. In the
702
event judicial enforcement is necessary, the prevailing party
703
shall be awarded all costs of such litigation, including
704
reasonable attorney fees.
705
(3)
The remedies herein may not be the exclusive remedies
706
of the commission. The commission may avail itself of any other
707
remedy available under state law or regulation of a profession.
708
709
ARTICLE XVIII
710
DEFAULT PROCEDURES
711
712
(1)
The grounds for default include, but are not limited
713
to, failure of a member board to perform such obligations or
714
responsibilities imposed upon it by the compact or the rules and
715
bylaws of the commission adopted under the compact.
716
(2)
If the commission determines that a member state has
717
defaulted in the performance of its obligations or
718
responsibilities under the compact, the bylaws, or adopted
719
rules, the commission must:
720
(a)
Provide written notice to the defaulting state and
721
other member states of the nature of the default, the means of
722
curing the default, and any action taken by the commission. The
723
commission shall specify the conditions by which the defaulting
724
state must cure its default; and
725
(b)
Provide remedial training and specific technical
726
assistance regarding the default.
727
(3)
If the defaulting state fails to cure the default, the
728
defaulting state must be terminated from the compact upon an
729
affirmative vote of the majority of the commissioners present
730
and voting, and all rights, privileges, and benefits conferred
731
by the compact shall terminate on the effective date of
732
termination. A cure of the default does not relieve the
733
offending state of obligations or liabilities incurred during
734
the period of default.
735
(4)
Termination of membership in the compact may be imposed
736
only after all other means of securing compliance have been
737
exhausted. Notice of intent to terminate shall be given by the
738
commission to the Governor, the Majority and Minority Leaders of
739
the defaulting state’s legislature, and each of the member
740
states.
741
(5)
The commission shall establish rules and procedures to
742
address licenses and podiatric physicians that are materially
743
impacted by the termination of a member state or the withdrawal
744
of a member state.
745
(6)
The member state that has been terminated is
746
responsible for all dues, obligations, and liabilities incurred
747
through the effective date of termination, including obligations
748
the performance of which extend beyond the effective date of
749
termination.
750
(7)
The commission may not bear any costs relating to any
751
state that has been found to be in default or that has been
752
terminated from the compact, unless otherwise mutually agreed
753
upon in writing between the commission and the defaulting state.
754
(8)
The defaulting state may appeal the action of the
755
commission by petitioning the United States District Court for
756
the District of Columbia or the federal district where the
757
commission has its principal offices. The prevailing party shall
758
be awarded all costs of litigation, including reasonable
759
attorney fees.
760
761
ARTICLE XIX
762
DISPUTE RESOLUTION
763
764
(1)
The commission shall attempt, upon the request of a
765
member state, to resolve disputes that are subject to the
766
compact and that arise among member states or member boards.
767
(2)
The commission shall adopt rules providing for both
768
mediation and binding dispute resolution, as appropriate.
769
770
ARTICLE XX
771
MEMBERSHIP, EFFECTIVE DATE, AND AMENDMENT
772
773
(1)
Any state is eligible to become a member of the
774
compact.
775
(2)
The compact shall become effective and binding upon
776
legislative enactment of the compact into law by at least four
777
states. Thereafter, it shall become effective and binding on a
778
state upon enactment of the compact into law by that state.
779
(3)
The governors of nonmember states, or their designees,
780
are welcome to participate in the activities of the commission
781
on a nonvoting basis before adoption of the compact by all
782
states.
783
(4)
The commission may propose amendments to the compact
784
for enactment by the member states. An amendment may not become
785
effective and binding upon the commission and other member
786
states unless and until it is enacted into law by unanimous
787
consent of the member states.
788
789
ARTICLE XXI
790
WITHDRAWAL
791
792
(1)
Once effective, the compact shall continue in force and
793
remain binding upon each member state; however, a member state
794
may withdraw from the compact by specifically repealing the
795
statute that enacted the compact into law.
796
(2)
Withdrawal from the compact shall be by the enactment
797
of a statute repealing the same, but may not take effect until 1
798
year after the effective date of such statute and until written
799
notice of the withdrawal has been given by the withdrawing state
800
to the governor of each other member state.
801
(3)
The withdrawing state shall immediately notify the
802
chair of the commission in writing upon the introduction of
803
legislation repealing the compact in the withdrawing state.
804
(4)
The commission shall notify the other member states of
805
the withdrawing state’s intent to withdraw within 60 days after
806
its receipt of notice provided under subsection (3).
807
(5)
The withdrawing state is responsible for all dues,
808
obligations, and liabilities incurred through the effective date
809
of withdrawal, including obligations the performance of which
810
extend beyond the effective date of withdrawal.
811
(6)
Reinstatement following withdrawal of a member state
812
shall occur upon the withdrawing date reenacting the compact or
813
upon such later date as determined by the commission.
814
(7)
The commission is authorized to develop rules to
815
address the impact of the withdrawal of a member state on
816
licenses granted in other member states to podiatric physicians
817
who designated the withdrawing member state as the state of
818
principal license.
819
820
ARTICLE XXII
821
DISSOLUTION
822
823
(1)
The compact shall be dissolved effective upon the date
824
of the withdrawal or default of the member state which reduces
825
the membership of the compact to one member state.
826
(2)
Upon the dissolution of the compact, the compact
827
becomes null and void and shall have no further force or effect,
828
the business and affairs of the commission shall be concluded,
829
and surplus funds shall be distributed in accordance with the
830
bylaws.
831
832
ARTICLE XXIII
833
SEVERABILITY AND CONSTRUCTION
834
835
(1)
The provisions of the compact shall be severable, and
836
if any phrase, clause, sentence, or provision is deemed
837
unenforceable, the remaining provisions of the compact shall be
838
enforceable.
839
(2)
The provisions of the compact shall be liberally
840
construed to effectuate its purposes.
841
(3)
The compact does not prohibit the applicability of
842
other interstate compacts to which the member states are
843
members.
844
845
ARTICLE XXIV
846
BINDING EFFECT OF COMPACT AND OTHER LAWS
847
848
(1)
Nothing herein prevents the enforcement of any other
849
law of a member state which is not inconsistent with the
850
compact.
851
(2)
All laws in a member state in conflict with the compact
852
are superseded to the extent of the conflict.
853
(3)
All lawful actions of the commission, including all
854
rules and bylaws adopted by the commission, are binding upon all
855
member states.
856
(4)
All agreements between the commission and the member
857
states are binding in accordance with their terms.
858
(5)
In the event any provision of the compact exceeds the
859
constitutional limits imposed on the legislature of any member
860
state, such provision is ineffective to the extent of the
861
conflict with the constitutional provision in question in that
862
member state.
863 Section 2. This act shall take effect July 1, 2026.